geico. just click away with our free mobile app. >>> the first class action lawsuit has been filed as a result of instagram's proposed terms of service change that would have allowed the social media company to sell users' photos without permission for advertising and the idea created a big backlash that forced the company to apologize and make about an about face. >> if instagram is not going forward with these plans, why the lawsuit? taking us through this is roy choy, managing editor at technobuffalo. that's the question i've had all along. they backtracked big-time when there was this backlash and yet we still have a class action lawsuit being brought. does it have any merit, do you think? >> i think it has absolutely no merit. i think it's a frivolous lawsuit. look for a bunch of attorneys that are looking to get their name out there in privacy law. >> do you think it's going to be dropped then? >> i definitely do think so. i think the only change that is really substantial at this mome